Jimmy Hoover covers the Supreme Court for The National Law Journal. He can be reached at [email protected]. Follow him on Twitter: @JimmyHooverDC.
August 28, 2024 | National Law Journal
Biden Administration Tells Justices That Bans on Gender Care Are Sex DiscriminationThe nine justices are set to consider the legality of a Tennessee law preventing doctors from prescribing puberty blockers and hormone therapy to treat gender dysphoria in trans youth.
By Jimmy Hoover
5 minute read
August 27, 2024 | National Law Journal
With Amicus Appointments, Ex-Clerks Get Coveted Chance to Argue at SCOTUSThey won't get paid. It's going to be extremely time-consuming. There is no prior counsel to review their work. And they'll spend months drafting briefs and preparing for an argument where the best case scenario is achieving a victory on behalf of a client that does not exist.
By Jimmy Hoover
9 minute read
August 22, 2024 | National Law Journal
Constitutional Right to AR-15s? Gun Group Asks High Court to Review, Strike Down MD's 'Assault Weapons' BanA lower court upheld the law, saying the "weapons at issue fall outside the ambit of protection offered by the Second Amendment because, in essence, they are military-style weapons designed for sustained combat operations that are ill-suited and disproportionate to the need for self-defense."
By Jimmy Hoover
4 minute read
August 21, 2024 | National Law Journal
Facebook, Nvidia Make High Court Case Against Investor SuitsThe tech giants have filed briefs urging the justices to close the "floodgates" of securities lawsuits the companies claim have been opened by the U.S. Court of Appeals for the Ninth Circuit.
By Jimmy Hoover
6 minute read
August 19, 2024 | National Law Journal
'Loper' Deference? EPA Cites Recent Supreme Court Ruling to Defend Power Plant RuleThe EPA seized on an exception to the 'no-deference' rule in Loper Bright Enterprises Inc. v. Raimondo that applies when Congress has explicitly delegated a policy choice to an agency.
By Jimmy Hoover
4 minute read
August 16, 2024 | National Law Journal
Should Internet Service Providers Be on Hook for Copyright Infringment? ISP Asks Justices Billion-Dollar QuestionOnly the U.S. Supreme Court can resolve the sharp division among federal circuit courts regarding standards of online liability, Cox Communications says.
By Jimmy Hoover
5 minute read
August 15, 2024 | National Law Journal
Supreme Court Reform Doesn't Pass Smell Test, Says Retired DC Circuit Judge"They [the justices] overturned me a couple times and I thought they were wrong," said retired Judge Thomas Griffith, who served 15 years on a federal appellate court. "But that doesn't mean that my reaction to that ought to be to change the composition of the court."
By Jimmy Hoover
11 minute read
August 14, 2024 | National Law Journal
Dead or Alive? How the Supreme Court Narrows, Without Overruling, PrecedentOne way to do that is by what scholars call "narrowing" precedents, such as by limiting them almost exclusively to the factual circumstances in which they arose. Critics have disparaged this practice as a form of "stealth overruling."
By Jimmy Hoover
7 minute read
August 12, 2024 | National Law Journal
Justices Face Mounting Calls to Nix 89-Year-Old Precedent Upholding Agency IndependenceAfter the court's June ruling overturning 40 years of deference to regulatory agencies, the "Humphrey's Executor" precedent has emerged as public enemy No. 1 of the anti-administrativist legal movement.
By Jimmy Hoover
5 minute read
August 06, 2024 | National Law Journal
Supreme Court's July Petitioners Include Mark Meadows, Michael CohenFormer President Donald Trump's White House chief of staff and longtime personal attorney bring appeals to the justices.
By Jimmy Hoover
12 minute read
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